New fine for destruction of government records

Torontosun.com
Dec. 23, 2015
By Antonella Artuso

A new fine of up to $5,000 will apply to anyone caught deliberately destroying government records to keep them from scrutiny - a fallout from Ontario’s infamous gas plants scandal.

Amendments to Freedom of Information and Protection of Privacy legislation at both the provincial and municipal levels will require a government organization to develop, document and preserve its records.

Any person found to have altered, concealed or destroyed a record to prevent someone from accessing it will be subject to a fine of up to $5,000 effective Jan. 1.

“Our government takes our record-keeping obligations very seriously - we’re committed to being open, accountable and transparent,” Lauren Souch, a spokesman for Government and Consumer Services Minister David Orazietti, said in an e-mail Wednesday. “We promised to open up the government completely, and we have done so to an unprecedented degree.”

Government ministries, hospitals, colleges, universities, school boards, municipalities and police service boards are among the organizations that must adhere to the new rules, Souch said.

The new penalty responds to a concern raised by former information and privacy commissioner Dr. Ann Cavoukian that there were no consequences in provincial legislation for the wilful destruction of public records.

Cavoukian reported that there had been widespread deletion of e-mails among political staffers as a legislative committee sought records that would shed more insight into the government’s reasons for cancelling gas plants in Mississauga and Oakville at a loss of up to $1.1 billion.

An OPP investigation led to charges this month against two former senior political aides. Both have denied wrongdoing.

Former premier Dalton McGuinty and current Premier Kathleen Wynne were not subjects of the OPP investigation.

Wynne, who came to the premier’s office after the record wiping was alleged to have occurred, said she has brought in new rules and training for staff.

“In fact, the information and privacy commissioner has credited our government for improving record keeping across the government, this includes changes in the Accountability Act to prohibit the wilful deletion of records, and the creation of a penalty which will come into force through this regulation,” Souch said.